Muthaiya v. The Sub Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 01/08/2022 PRESENT The Hon`ble Mr.Justice G.ILANGOVAN CRL OP(MD). No.12920 of 2022 Muthaiya ... Petitioner/Accused No.3 Vs State rep.by The Sub Inspector of Police, Gudalur North Police Station, Theni District.

(Crime No.165/2022).

... Respondent/Complainant For Petitioner : M/s.Sundarapandian.S, Advocate. For Respondent : Mr.T.Senthil Kumar Additional Public Prosecutor PETITION FOR ANTICIPATORY BAIL Under Sec.438 of Cr.P.C PRAYER :- For Anticipatory Bail in Crime No.165 of 2022 on the file of the Respondent police.

ORDER : The Court made the following order :- The petitioner, who apprehends arrest at the hands of the respondent police for the alleged offence punishable under Sections 8(c) r/w 20(b) II(B), 25 and 29(1) NDPS Act 1985, in Crime No.165 of 2022, seeks anticipatory bail.

2.The case of the prosecution is that the petitioner along with other accused were found in illegal possession of 1.100 Kgs of Ganja. Hence, the Complaint.

3. This is a second anticipatory bail application. The earlier petition filed by the petitioner in Crl.O.P(MD).No.10956 of 2022 was dismissed by this Court on 28.06.2021, considering the bad antecedents of the petitioners.

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4. The learned counsel for the petitioner submitted that now this petition has been filed seeking anticipatory bail mainly on the ground of medical treatment.

5. The learned Additional Public Prosecutor appearing for the respondent police submitted that five previous cases are pending against this petitioner and he is the habitual offender.

6. Taking into consideration the allegations and also the bad antecedent of the petitioner and the gravity of the offence committed by this petitioner, this Court is not inclined to grant anticipatory bail to the petitioner. Accordingly, this Criminal Original Petition is dismissed.

Sd/- 01/08/2022 / TRUE COPY / / /2022 Sub-Assistant Registrar (C.S.I) Madurai Bench of Madras High Court, Madurai - 625 023.

TTA Note : In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate/litigant concerned.

TO

1. THE SUB INSPECTOR OF POLICE, GUDALUR NORTH POLICE STATION, THENI DISTRICT.

2. THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

ORDER

IN CRL OP(MD) No.12920 of 2022 Date :01/08/2022 https://www.mhc.tn.gov.in/judis SP/JM/SAR I/16/08/2022/2P/3C